The City of Bridge City, Texas is hereby divided into 11 use districts of such shape and area as have been deemed best suited to carry out the purposes of V.T.C.A., Local Government Code ch. 211 et seq., as amended. Within such districts, this section hereby regulates and restricts the erection, construction, reconstruction, alteration, repair, and use of buildings, structures, and land, as herein set forth. While the regulations in one district differ from those in other districts, all such regulations are uniform for each class or kind of building throughout each district. These districts shall be known as:

In addition to the above districts there is one zoning overlay district to be known as:

(1)

PD planned unit development district. This district is created to accommodate planned associations of uses developed as integral land use units, either of single-family or and [sic] multifamily residential. Mixed residential and selected commercial uses, or industrial and commercial uses [are permitted]. It is designed to permit flexibility and encourage a more creative, efficient and aesthetically desirable design and placement of buildings, open spaces, circulation patterns, and parking facilities in order to best utilize the special features of topography, size or shape.

(2)

R-1 single-family residential district. This district is intended to be composed of single-family detached dwellings on large or intermediate sized lots to create basic neighborhood units. The R-1 district is also considered to be the proper zoning classification for large areas of undeveloped land in the city appropriate for single-family dwelling use, in order to protect and encourage the continued development of such areas for such use. It is anticipated that some changes of portions of vacant land to other districts will occur as development of these open areas occurs. R-1 is considered an appropriate temporary zoning for newly annexed lands and those properties which are not being developed.

(3)

R-2 low density residential district. This district is designed for single-family and duplex and low density townhouses or condominiums on moderate-sized lots as an intermediate classification allowing an orderly transition from the neighborhood of exclusively single-family dwellings to the higher density of other modes of multifamily living. This district is appropriate for patio and zero lot line subdivisions as defined in the city's subdivision ordinance. The yard, area and height regulations of this district are intended to carry out the above-stated objective.

(4)

R-3 multifamily residential district. This district is designed to provide an appropriate transition between the neighborhood scale of single-family and low density residential uses and the high-rise, high density multifamily uses. The R-3 district is also considered appropriate for the location of predominantly residential group care facilities and the provision of accessory uses that provides social services and recreational activities commensurate with the higher densities of uses allowed in this district. The yards, open spaces, and requirements for site plans are intended to protect the residential and family nature of this district.

(5)

R-4 mobile home district. This district is intended to provide suitable locations for mobile homes and associated accessory support uses. It is intended to provide a well-planned organization of streets, driveways, open spaces and storage to meet the unique requirements that mobile home densities and lifestyles require.

(6)

O office district. This district is intended for use by office buildings not generally dependent upon retail trade or retail traffic for their operation. This district is designed to permit the location of offices of any recognized profession, trade or service near their clients and minimize the effect upon residential and commercial areas. Uses in this district can generally allow locations within many neighborhoods consistent with the nature of the use and the design of the facility. The height, setbacks, sign controls and parking regulations are intended to allow maximum flexibility in design and maintain aesthetic and neighborhood quality. Under special conditions established by special permits other designated commercial uses may be permitted to locate in the O district when the effects of those uses as experienced by adjacent users and neighbors is no greater than those experienced by the uses permitted as a matter of right.

(7)

C-1 first commercial district. This district is intended to allow the smaller, neighborhood type of commercial uses to locate in the general proximity of their primary customers. Small shopping areas, convenience stores, limited automobile services, entertainment facilities, and personal services that cater to the everyday needs of residents and neighborhoods are considered compatible with this district. The regulations in this district are designed to make permissible uses compatible with adjacent residential areas, particularly of a multifamily type.

(8)

C-2 second commercial district. This district is intended to allow larger more community-level retail uses in general proximity to residential areas. It is particularly intended for those uses which are dependent upon higher traffic volumes and locations along or adjacent to major arterial streets. The regulations in this district are designed to provide maximum convenience and ease of access to and around such uses. This district is appropriate for the larger retail centers along major highways.

(9)

C-3 third commercial district. This district is intended for the retail and wholesale trade in larger goods and the heavier service industries, such as auto body shops, that generate significant noise, and in general are incompatible with residential and neighborhood level commerce. The regulations in this district are intended to allow for adequate setbacks, storage, and operations of such uses while retaining a quality of design that is in keeping with the master plan.

(10)

M-1 first industrial district. This district is intended to accommodate those industries that do not generate great amounts of materials, noise, heat, or outside activity. Uses in this district conduct the vast majority of operations inside of buildings and are generally consistent with adjacent commercial districts. Typical uses in this district include metal fabrication, machining, mass production of assembled products and heavy service operations such as vehicle storage, material storage and the like. The regulations in this district are intended to establish adequate space and setbacks, parking, and loading, to create campus-type industrial areas.

(11)

M-2 second industrial district. This district is intended to allow the location of heavy industrial uses in those areas of the city where maximum flexibility and access to rail facilities and interstate highways is necessary. Performance standards consistent with those of the Environmental Protection Agency and the Occupational Health and Safety Administration are enforced. The regulations in this district are intended to allow the placement of any lawful industrial or commercial use consistent with the requirements of this ordinance.

(12)

F flood hazard district. This district is intended to establish special regulations for the protection of land uses located within areas determined to have significant dangers from flooding associated with the 100-year frequency flood as determined by the Flood Insurance Program established by the Federal Emergency Management Administration. The regulations and requirements are part of a comprehensive program of the city to regulate, discourage, and inform its citizens of the dangers of developing in floodprone areas of the city.

The boundaries of the districts are as shown on the official zoning district map, which is hereby declared to be adopted as part of this ordinance as if the boundaries of districts, notations, and information contained thereon were included totally herein. The original official zoning district map in its original condition, or a certified photographic, microfilm, or computer-generated digital record, shall be kept as a permanent record in the office of the city secretary. A copy of the official zoning district map shall be kept on file in the office of the zoning official together with all amendments that have been approved in accordance with the provisions of this ordinance. It shall be the duty of the zoning official to keep any other maps used for administrative purposes up to date, clearly showing all changes, variances, and special permits. These maps shall be available to the public for inspection.

Where uncertainties exist with respect to the boundaries of the various districts as shown on the official zoning district map, the following rules shall apply:

(1)

On subdivided property, a plat of which is recorded in the plat records of Orange County, Texas on the effective date of this ordinance, the district boundaries are intended to be streets, alleys, or property lines. Where the districts designated on the official zoning district map are bounded approximately (within 100 feet) by a street, alley, or property line, the street, alley, or property line nearest the district boundary shall be construed to be the boundary of the district. If a boundary is not, by use of the map scale, within the 100 feet of a street, alley, or property line, the boundary shall remain as shown by the map scale, except as may be varied in accordance with subsection (2) below.

(2)

Where a district boundary traverses a large parcel of land or acreage reserve in a recorded subdivision, such large parcel or acreage reserve having been divided by metes and bounds without indication upon the recorded plat of same, or where it may hereafter be divided into blocks or lots, the district boundaries shall be construed to be the street, alley, or property line resulting from such subdivision nearest to the district boundary shown on the official zoning district map, provided the district boundary is not varied more than 100 feet from its location on the official zoning district map.

(3)

In unsubdivided property, the district boundaries on the official zoning district map shall be determined by use of the map scale appearing on the map; and where district boundaries on the official zoning district map are approximately the property lines of the unsubdivided property, the district boundary line shall be construed to be the property line, provided the district boundary is not varied more than 100 feet from its location on the official zoning district map.

(4)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(5)

Boundaries indicated as approximately following city limit lines shall be construed as following the city limit line.

(6)

Boundaries indicated as following shorelines shall be construed to follow such shoreline, and in the event of change of shoreline, shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerline of streams, creeks, gullies, or canals shall be construed as following such centerline.

(7)

Boundaries of overlay districts (F flood hazard districts) indicated as following contour lines, elevations, or other district, property, or municipal boundary lines shall be construed to be the contour line or elevation as it actually exists on the ground, or the district property, or municipal boundaries.

6.41. Uses. A building or premises in this zoning district shall be used only for the following purposes:

(1)

In a planned residential development district (PD-R):

(a)

Single-family detached or attached dwellings and multifamily dwellings.

(b)

Churches, schools, parks, community centers and public facilities necessary to serve basic neighborhood units.

(c)

Commercial uses permitted in the O and C-1 districts provided:

(1)

Not more than four percent of the development area be devoted to such use;

(2)

All uses be specifically approved by the city council as part of the development master plan; and

(3)

Such uses shall not be changed in tenancy or operations without specific approval of the planning commission.

(2)

In a planned industrial development district (PD-I):

(a)

Industrial and manufacturing uses as approved by the city council at the time of zoning.

(b)

Commercial uses such as shopping centers, malls, and amusement parks, recreational parks (private, commercial), and office/research centers.

6.42. Height regulations.

(1)

The maximum height requirement for uses in these districts shall be established in the master plan for the developments as approved by the city council.

6.43. Area regulations.

(1)

The minimum area of a planned development shall be five (5) acres.

(2)

A minimum of 15 percent of the gross area of a "PD" district shall be devoted to common open space beneficially designed to enhance access by residents and occupants to recreational areas within the development, and to other open spaces. "Beneficial Use" as used herein shall mean property performing a necessary or desirable function in relation to the adjoining residential or commercial/industrial use, including but not restricted to provision of separation between buildings or building and adverse environmental influences, enhancement of privacy, provision of open space, recreational space and the like.

(Ord. No. 94-11, 7-14-94)

6.44. Standards. Residential maximum density shall not exceed eight units per gross acre except:

(1)

For each acre of land above the required open space amount, dedicated to common beneficial use, the density may be increased by 0.25 units per gross acre of land in the development.

(2)

For multifamily residential structures above two stories the density may be increased by 0.50 units per gross acre in the development per floor above two.

6.45. Yard regulations. The minimum yard requirement shall be established on the approved development plan; provided, that yards on the boundaries of the PD district, and abutting property not within the district shall not be less than the immediately adjacent required yard of such adjoining property.

6.46. Off-street parking regulations.

(1)

Off-street parking facilities shall be provided at locations designated on the approved development plan.

(2)

Minimum off-street parking requirements shall be established in the approved development plan, but shall not be less than the minimum requirements for permitted uses prescribed in section 13 hereof.

6.47. Special conditions.

(1)

The permanent character of common open space lands shall be ensured by private reservation for the use and benefit of residents or employees, by dedication to the public use, or by a combination thereof. Common open spaces not dedicated to public use shall be maintained by the owners through an owners' or corporate association established for that purpose.

(2)

All common open space shown on the final development plan must be conveyed in accordance with one of the following methods:

(a)

By dedication in fee simple to the City of Bridge City, Texas or Orange County Texas as public open space; or

(b)

By leasing or conveying title (including beneficial ownership) to a corporation, association or other legal entity. The terms of such lease or other instrument of conveyance must include provisions, suitable to the city attorney, for guaranteeing: (1) the continued use of such land for the intended purposes; (2) continuity of proper maintenance for those portions of the open space land requiring maintenance; (3) when appropriate, the availability of such funds for such maintenance; (4) adequate insurance protection; and (5) recovery for loss sustained by casualty, condemnation, or otherwise.

(3)

The developer shall file legal documents, at the time of final plan approval, which will produce the aforesaid guarantees and, in particular, will [provide] a method for restricting the use of common open spaces for the designated purposes. The instruments shall become part of the ordinance and plat upon approval, and shall be filed for record with the Orange County deed records as part of the final plat.

(4)

All common open space proposed for dedication to the City of Bridge City or Orange County must be acceptable to them with regard to the size, shape, location and improvement. In addition, the applicant must show that the dedication of such areas of common open space will be accessible and of benefit to the general public.

6.48. Plan approval procedure.

(1)

Application. An application for a planned unit development district shall be made in the same manner that any application for amendment of the zoning ordinance is made, as provided in section 15.10. An application may be filed either by the owners, agents, or prospective purchasers of the property for which the request is made provided proof of title deed or real interest is shown.

(2)

[Submittal requirements.] An application for change in zoning, together with an outline plan, as herein defined, shall be submitted to the zoning administrator together with the required fee.

(3)

Timing and procedure.

(a)

The following schedule shall be followed in the processing of an application for PD zoning.

(1)

Application and outline plan submitted to zoning administrator.

(2)

Development review committee shall review the plan and submit a written report of findings and recommendations to the applicant and the planning and zoning commission.

(3)

After receiving approval of PD zoning an applicant shall have one year in which to submit an acceptable final development plan to the planning and zoning commission.

6.49. Development plans.

(1)

Outline plan. At the time application is made for a zoning change to PD, the applicant shall submit an outline plan containing the following information:

(a)

The maps shall be in a general schematic form drawn to a scale of one inch equals 200 feet and contain the following information:

(1)

The boundaries of the area covered by the plan surveyed by competent licensed surveyor.

(2)

The total area of the project.

(3)

The present zoning of the subject property and all adjacent properties.

(4)

All public and private rights-of-way, and the easement lines located on or adjacent to the subject property which are existing of record.

(5)

The approximate topography.

(6)

The proposed land uses and the approximate location of existing and proposed buildings and other structures on the site and structures and uses adjacent to the site.

(7)

The character and approximate density of proposed dwellings.

(8)

The approximate location of all streets and ways, and walkways and parking facilities with approximate dimensions.

(9)

The location of every existing and proposed building in the subject property including accessory structures.

(10)

All walks, malls, water bodies, open areas, drainage areas, recreational areas, including swimming pools, golf courses, tennis courts, playgrounds, signs, and other improvements.

The outline plan is intended to be a general development scheme for the project and, upon favorable action by the city council in granting PD zoning, shall constitute the framework for the final plan. The outline plan shall be the basis for development and substantial deviation shall not be permitted without approval of the planning commission. If the commission concludes changes are substantial it may require a public hearing in the same manner as a zoning change. The city council shall have final authority over the contents of the final plan.

(2)

Final development plan, general. The applicant shall have one year after the approval of PD zoning by the city council to submit an acceptable final plan to the zoning administrator. If at the end of the one-year time limit this requirement has not been met, the zoning administrator shall notify the applicant by certified mail of the failure to comply with the terms of the ordinance and shall present the necessary application on behalf of the city, to change the PD zoning back to its original designation.

(3)

Contents of the [final development] plan. The final plan shall show, in exact detail, drawn to scale, the following:

(a)

Plat or plats of the subject property drawn to a scale of one inch equals 100 feet or larger, in accordance with the provisions for final plats in the subdivision rules and regulations ordinance of the city. The plat or plats, in addition to the customary engineering depiction of the area, monuments, etc., shall show:

(1)

All streets, [and] alleyways, including walkways, dedicated to public use with appropriate certification of such dedication.

(2)

All areas reserved for common ownership with an indication of the properties the owners of which will share the common ownership.

(3)

Such lot or parcel lines indicating tracts which are not in separate ownership or which may be transferred to other ownership during or after development. (Resubdivision of large lots containing several buildings may be accomplished at a later date upon application and approval as a plat revision.)

(4)

The proposed finished grade of the area, shown to contour intervals not to exceed one foot.

(5)

A plot plan for each building site and the common open area, showing the location of all buildings, structures and improvements and indicating the open spaces around buildings and structures.

(6)

The location of each existing or proposed structure in the district, the use or uses to be contained therein, the number of stories, the density per acre, and locations of entrances and loading points therefor.

(7)

In computing the density requirements and "bonuses" in section 6.44 the detailed plan shall show the boundary of the multifamily areas for which the bonus is being applied for. For bonuses in the single-family areas of the development the requirement shall apply to the total area excluding multifamily areas. In all cases the city council shall determine, based upon the plan, the existing neighborhoods, and such other mitigating circumstances as they see fit, the application of the bonus sections of this district.

(8)

In multifamily, townhouse, and commercial sections of the plan, the location of each outside facility for waste disposal.

(9)

Dimensions and locations of all curb cuts, driving lanes, off-street parking and loading, including the number of spaces, angle of stalls, grades and illumination facilities.

(10)

All walks, malls, and other open areas, including recreational areas, swimming pools, golf courses, tennis courts, playgrounds, etc.

(11)

Location and type of walls, fences, screen planting, and landscaping.

(12)

A plat, including side elevation drawings, showing size, height, orientation and design of all signs.

(13)

The types of surfacing for the various off-street parking and driveways including cross sections and drainage plans.

(14)

Drawing of cross sections of all proposed streets, highways, alleys, and walkways, whether to be dedicated or not, indicating the proposed surfacing and drainage plans.

(15)

Drawings of all existing and proposed water and sanitary sewers, indicating pipe sizes, types and grades.

(16)

A drainage plan of the area showing size and location of each existing and proposed structure, the approximate volume of water generated by the development of the subject area and the proposed method of disposing of said water. Provisions shall be included for adequate control of erosion and sedimentation, indicating the proposed temporary and permanent control practices and measures which will be implemented during all phases of clearing, grading, and construction.

(17)

A development schedule indicating:

(a)

The approximate date when construction of the project can be expected to begin;

(b)

The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin;

(c)

The approximate dates when the development of each of the stages in the development will be completed; and

(d)

The area and location of common open space that will be provided at each stage.

(18)

Agreements, provisions, declarations or covenants which govern the use, maintenance and continued protection of the planned development and any of its common open areas.

(19)

Tax certificates and receipts showing that all taxes are current and that all fees pertaining to the development have been paid to all applicable public agencies having jurisdiction over the property covered by the application and plan.

6.50. Development standards. The express purpose of planned development is to allow the greatest degree of flexibility possible in order to effect the best utilization of land. Evaluation of a planned development shall include, but not be limited to, consideration of design criteria. These criteria shall include:

(1)

The internal circulation pattern shall be reviewed in terms of access to private and public parking, in terms of access to the length of blocks, in terms of the relationship to the public street pattern, [sic] Cul-de-sac and curvilinear patterns are encouraged. Connection of two public streets by a private street shall be prohibited.

(2)

Parking, in addition to that located on each lot, shall be provided. The amount shall be evaluated in terms of the number of units in the entire development, number of units in each block length, the amount and location of public street parking available, the types of land uses being served, and the relationship of commercial land users to residential land uses.

(3)

Access shall be provided for fire protection services both from the front and rear exposures of buildings. Where access is not provided by means of a private street, an easement a minimum of ten feet in width free from all vehicular impediments shall be provided. Fire hydrants shall be provided in accord with the requirements of the fire marshal. All private streets shall be named to avoid any duplication or confusion, and all principal buildings shall be numbered in a minimum six-inch numeral on a high-contrast background.

(4)

Street name signs shall be erected on all private streets and those erected at intersections with public streets shall carry a sign stating "Not a Public Street."

(5)

The open area shall be evaluated in terms of size, location, and beneficial use. Accumulation of open area into large recreation areas is encouraged.

(6)

Aesthetics shall be evaluated in terms of the building elevations, number of units in a row, and in a cluster, diversity, design, etc. To the maximum degree possible, commercial areas shall be encouraged to use individual form, texture and design as identification rather than reliance upon signs. Likewise the use of sculpture, fountains and art is encouraged as alternative methods of identification and advertising.

(7)

Sight restrictions at private street intersections and at private-public street intersections shall be in conformance with the requirements of the city engineer.

(8)

The size of the development and the distance units are removed from public streets shall be evaluated to determine whether or not a public street connection to the existing network of public streets will be required within a project.

(9)

The development of any portion of an approved project should be self-supporting in terms of circulation, open space, and amenities.

(10)

Internal changes shall be evaluated in terms of the length of private streets, change in direction of private streets, size of area to be served by private street systems, the use of sales [sic], etc.

(11)

All utilities shall be placed underground.

6.51. Special regulations for cluster and patio home subdivisions.

(1)

In patio home and cluster subdivisions where open space and recreational facilities are provided for residents under either a homeowners' association or a dedicated public park exists, the following modifications to the required yards and area regulations may be granted when such subdivision is platted in accordance with the subdivision rules and regulations ordinance of the city:

(a)

The required area of residential lots may be reduced so long as the total area of land included in lots and dedicated open space or recreational facilities is not less than the total area if such lots were non-cluster/non-patio type subdivision lots.

(b)

The required side yards of interior lots may be reduced to two feet if there are no openings or windows in the facing walls of either structure; provided however that there shall not be less than ten feet of clear space between adjoining buildings; or can be zero lot line so long as ten feet of space exists between buildings and an access easement is provided.

(c)

The required rear yard may be waived if a masonry wall of a height not less than eight feet is constructed along the entire rear property line of the lot; provided, however, that no masonry walls may be constructed within any utility easement.

6.52. Registration and recording.

(1)

After adoption of an ordinance creating or altering a PD district, upon receipt of an approved final development plan, the building official shall register a reproducible copy thereof among the building records of the city and the building official shall cause the original to be recorded in the records of Orange County. The owner shall pay all recording fees.

(2)

All final development plans registered and recorded hereunder shall be binding upon the applicant therefor, their successors and assigns, shall limit and control the issuance and validity of all zoning permits and shall restrict and limit the construction, location, use and operation of all land and structures included within such plan to the conditions and limitations set forth in such plans: provided however, that upon application to and approval by the building official, based only on a showing of engineering necessity therefor, minor changes in the plan may be made which will not cause any of the following circumstances to occur:

(a)

A change in the character of the development.

(b)

An increase in the density per acre requirements.

(c)

A reduction in the originally approved separations between buildings.

(d)

An increase in the problems of circulation, safety, and utilities.

(e)

An increase of the external effects on adjacent properties.

(f)

A reduction in the originally approved setbacks from property lines.

(g)

An increase in ground coverage by structures.

(h)

A reduction in the ratio of off-street parking and loading spaces to gross floor area in structures.

(i)

A change in the subject, size, lighting, flashing, animation or orientation of originally approved signs.

6.53. Completion of construction. Upon full and final completion and performance of all required conditions of development, the building official shall issue to the applicants, and register among the records of the city, a certificate of occupancy which shall be conclusive proof that all requirements of the development plan and construction required pursuant thereto have been completed and performed.